KNOW YOUR RIGHTS AND REMEDIES

• Every consumer has to make informed choices when purchasing products, but sometimes, that is not enough.

• When manufacturers cut corners to save on costs and build profits, they may be putting people’s lives and well-being at risk from poorly designed cars, equipment, and consumer products, including toys.

• Each year, personal injury law firms seek to help some of the thousands who are seriously injured and even killed by defective products that are poorly designed, engineered, or tested.

• The new Canada Consumer Product Safety Act (CCPSA), effective June 2011, added a new level of protection to Canadians in their everyday lives. The law covers consumer goods, like household products, children’s toys, and sporting goods.1

• Specialized product categories are managed by different agencies within the government. For example, problems with drug products are handled by MedEffectTM Canada, while food product safety issues are reported to the CFIA.

• Health Canada’s Consumer Product Safety Directorate collects reports from consumers and industry on product health and safety issues. Stay informed and avoid injuries by checking on product safety recalls periodically. Protect your children by checking on current safety warnings and product recalls for toys.2

• After a serious injury, coping with the complexities of law, along with the medical bureaucracy, can become overwhelming, making full recovery seem like a distant dream.

• When you seek legal remedies for an injury due to a defective product, know what protections are available in the law. The Canadian Bar Association refers to two types of warranties that protect your consumer rights in British Columbia.

• The act of making a purchase includes a contract between you and the seller, that can be:

a. “express,” meaning written or verbal, setting out exactly what you can expect, as in a car warranty, or

b. “implied.”

• In an implied contract, you can expect a purchased product to meet four conditions. It should:

a. match its description;

b. be suited to its intended use;

c. meet a standard of quality;

d. last for a reasonable length of time.3

• If a product turns out to be defective, you may take steps to return or exchange it for its value.

• Canadian law extends liability in many cases to distributors, wholesalers, and retailers, under the “duty of care.”

• Product liability is at times a difficult concept to establish, and it continues to evolve in Canadian law.

• Liability can be determined based solely on the damage caused to an individual, and does not need to show the intent of a defendant.

• The British Columbia Supreme Court case Hollis v Birch, in 1990, determined that an injury resulting from a defect in design or manufacture is enough to establish liability, which could require compensating the injured party for damages. 4

• It’s one thing to stand up for your right to have defective goods replaced or refunded, and quite another to deal with the impact of serious injury from product defects.

• The CCPSA requires manufacturers, sellers, and importers of consumer products to report incidents that cause serious injury, and to report product defects.

• Injured consumers or their survivors who pursue legal remedies will be obliged to bring in expert testimony regarding the design and engineering of a product, any relevant industry standards, and warnings or other information provided to—or omitted from—consumers.

• Ask for referrals to successful past cases before deciding on a law firm to represent you. There’s nothing like the actual experience of a consumer who has “been there,” to offer some assurance that you are making the right choice.

• Take the example of “J.C.” in Toronto, who suffered a serious hand injury while using a defective juicer. Barry Edson and the team at Edson Legal involved a top engineering firm, interviewed witnesses in Europe, and negotiated a settlement prior to trial that was more than three times the amount initially offered.

• Firms with a record of recovering awards through settlements, judgments, and disability payments on behalf of their clients, like Edson Legal, must be prepared to bring in the right combination of industry experts to give authoritative testimony.

• Product liability is a genuine concern that affects everyone—both users and sellers of consumer goods. Be aware of Canada’s regulations outlining liability. Even dealers of second-hand goods or garage sale vendors may be held liable for the safety of products being sold, whether they are new or used. 5

• When an individual is injured or a family suffers a loss as a result of a defective product, a successful legal outcome will depend on the skill of the firm they choose to represent them.

• Choose a law firm that offers a team approach, drawing on experience and knowledge of multiple legal and industry professionals to achieve a just result and start you on the road to recovery.

Edson Legal, led by Barry Edson, has a 30-year history of successfully representing the disabled and injured.

The Edson team takes pride in our reputation for establishing many important legal precedents, as well as

recovering millions of dollars in settlements and payments for clients. We work on your behalf to obtain

the kind of rehabilitation and treatment you need.

The right lawyer will help you obtain a fair settlement or judgment, and ultimately, the right compensation.

Contact us for a free consultation at www.edsonlegal.com, or call now at 1-855-702-3119.

1. http://www.hc-sc.gc.ca/cps-spc/legislation/acts-lois/ccpsa-lcspc/index-eng.php

2. http://toy-testing.org/safety-recalls/

3. http://cbabc.org/For-the-Public/Dial-A-Law/Scripts/Credit-Debt-and-Consumer/257

4. https://uwaterloo.ca/electrical-computer-engineering/

5. http://www.hc-sc.gc.ca/cps-spc/pubs/cons/garage-eng.php